Chapter IV GROUNDWATER RECHARGE AND RAIN WATER HARVESTING

(1) The Authority may. in order to improve the groundwater situation, identify the areas to recharge groundwater and issue guidelines for adoption of Rain water harvesting for groundwater recharge in such areas. (2) The Authority may issue directions to the concerned departments of the State Government, to include Rain water harvesting in all developmental schemes within notified areas and non-notified areas. (3) The Authority may, in urban areas, issue directions, in such manner .as may be prescribed, for construction of Rain water harvesting structures in residential, commercial and other premises having plinth area of 100 square meters or above and in the event of failure to comply with the directions so issued such rain water harvesting structures shall be constructed by the Authority and the cost there on shall be recovered along with such penalty in such manner as may be prescribed. (4) The Authority may, issue directions to the Municipal Council or any other Local Authority. as the case may be, to impose stipulated conditions for providing roof top rain water harvesting structures in building plans with plinth area of 100 square meters or above. (5) The Authority shall take steps for promotion of Mass Awareness and Training Programmes. on Rain Water Harvesting and Artificial Recharge of Groundwater through Government Agencies/NoflGOVeI11fl1ent Organizations, Educational Insututionsf1ndus1riCS11fl4iVlu

(1 ) Every user of groundwater in a noi/iec1 area and non-rn?! ?fled areas shall install water measuring device on groundwater abstraction structure within a period of 30 (thirty) days from the date of registration under section 9 or 10. as the case may he. Provided that where the user of groundwater does not comply with the provisions of this section within a period of 30 (thirty) days. the Authority or any person authorized in this behalf may install such water-measuring device and recover the cost from the defaulting user 0 groundwater. (2) The Authority shall monitor wells in notified and non-notified areas to keep track of the usage of groundwater and initiate necessary remedial measures. (3) The Authority shall monitor water levels periodically from NHNS (National 1-lydrographic Network Stations) for long term planning and management.

(1) Every order or notice made under this Act shall be served in the following manner, namely: - (a) By giving or tendering copy of the order or the notice by sending it by post to the user of groundwater if such user of groundwater cannot be found, by giving or tendering the copy of such order or notice to any adult member of his family or his servant. (b) If the service of such order or notice cannot be effected under clause (a) by affixing the copy of such order or notice on some conspicuous place of his last known residence or place of business or on any part of the land or building in which the well is being sunk. (2) Where the person on whom an order or a notice is to be served is a minor, service of such order or notice upon his guardian in the manner provided in sub-section (1), shall be deemed to be served upon the minor.

The State Government may, by general or special order in writing, direct that all or any of the powers and duties which may be exercised or discharged by the Authority shall, in such circumstances and under such conditions, if any, as may be specified in its order, be exercised by any, person specified in such ordet+

All members and employees of the Authority shall when acting or purporting to Act in pursuance of the provisionS of this Act or the rules made thereunder be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

No prosecution, suit or other legal proceedings shall be instituted against any officer/official of the Government or any member or other employee of the Authority for anything done or intended to be done in good faith under this Act, or the rules made thereunder.

(1) No prosecution for an offence under this Act shall be instituted except on a written complaint of the Authority or a person authorized in this behalf by the State Government. (2) No court inferior to that of a Magistrate of the 1 (first) class shall try any offence under this Act.

(1) If any user of groundwater fails to supply information required under the provisions of this Act or the rules made thereunder or obstructs the Authority or any other person authorized by the State Government to exercise any of the powers under this Act. He shall be punished for the first offence with fine of Rs. 1,000 (rupees one thousand) and for the second and subsequent offence with fine which may extend to Rs. 2,000 (rupees two thousand) or more. (2) If any user of groundwater sink, constructs or uses well in contravention of the provisions of this Act or the rules made thereunder, he shall be punished for the first offence with imprisonment for a term which may extend to 3 (three) months or with fine which may extend to Rs. 5,000 (five thousand rupees), or with both and for the second and subsequent offence, with imprisonment for a term which may extend to 6 (six) months, or with fine which may extend to Rs. 10,000 (ten thousand rupees) or with both.

Whenever an offence under this Act has been committed, such an offence may, at any time before or after the Institution of proceedings, be compounded by the Authority or any other officer authorized by the State Government after accepting by way of compensation thereof, a sum of money that exceeding such amount as may be prescribed, and such composition shall have the effect of discharging such person of the offence and no further proceedings shall be taken or continued against him in respect of the offence so compounded.

(1) Whenever an offence under this Act has been committed by a Company, every person who at the time of the commission of the offence was in charge of, or was responsible to the Company for the conduct of the business of the Company, shall deemed to be guilty of the offences and shall be liable to be proceeded against and punished accordingly. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the convent or connivance of, or is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the Company, such Director, Manager, Secretary or other Officer shall be deemed to be guilty of that offences and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Explanation- For the purpose of this section- (a) "Company" means any corporate body and includes a firm or other association of individuals and (b) "Director" in relation to a firm, means a partner in the firm.

(1) Any person aggrieved by an order of the officer exercising powers delegated under this Act may, within a period of 30 (thirty) days from the date of such order, on payment of such fees as may be prescribed, prefer an appeal to the State Government; Provided that the State Government may entertain an appeal after the expiry of the said period of 30 (thirty) days, if satisfied that the applicant was prevented by sufficient cause from filing the appeals within time. (2) On receipt of an appeal under sub-section (1) the State Government shall after giving the appellant an opportunity of being heard, dispose off the appeal as expeditiously as possible but not later than 6 (six) months and the decision of the State Government shall be final.

(1) The State Government may, by notification in the official Gazette, after previous publication, make rules for carrying out the purposes of this Act. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session, and if before the expiry of the session in which is so laid or the session immediately following, Assembly agrees in making any notifications in the rules or Assembly agrees that the rules should not